[20061212]RS20829_总统赦免权概述.pdf

1 See Ex Parte Grossman, 267 U.S. 87, 113 (1925); Hickey v. Schomig, 240 F.Supp.2d 793, 795(N.D. Ill. 2002) (“no federal official has the authority to commute a sentence imposed by a statecourt.”).2 See Ex Parte Garland, 71 U.S. (4 Wall.) 333, 380 (1866).3 It has been surmised that the Presidents pardoning power is so expansive as to allow for self-pardons. See House Committee on the Judiciary Hearing on Impeachment of President Clinton,Day 2, Panel 1, Prosecution Standard for Obstruction of Justice and Perjury, 105th Cong., 1998WL 849446 (Dec. 9, 1998). Order Code RS20829Updated December 12, 2006An Overview of the Presidential Pardoning PowerT.J. HalsteadLegislative AttorneyAmerican Law DivisionSummaryThe Constitution of the United States of America imbues the President with broadauthority to grant pardons and reprieves for offenses against the United States. Thisreport provides an overview of the scope of the Presidents pardoning power, the legaleffects of a pardon, and the procedures that have traditionally been adhered to in theconsideration of requests for pardons.The Presidents authority to issue pardons is delineated in Article II, Section 2,Clause 1 of the Constitution, whi